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<br />A Texas law originally passed in 1913 now provides that <br /> <br />[nJo person may take or divert any of the <br />water of the ordinary flow, underflow, or <br />storm flow of any stream, watercourse, or <br />watershed in this state into any other <br />natural stream, watercourse, or watershed in <br />this state into any other natural stream, <br />watercourse, or watershed to the prejudice of <br />any person or property situated within the <br />water shed from which the water is proposed <br />to be taken or diverted.40 <br /> <br />A 1966 Texas Supreme Court decision held that prejudice is to be <br /> <br />determined by weighing the detriments to the basin of origin <br /> <br />against the benefits of the diversion.4l <br /> <br />The Court concluded <br /> <br />that this law prohibited an out of basin diversion "only to the <br /> <br />extent such diversion would impair water rights in existence at <br /> <br />the time of the proposed diversion."42 <br /> <br />The prej ud ice standard <br /> <br />permits consideration of reasonable future needs as one of the <br /> <br />factors to be evaluated in the permit review by the Texas Water <br /> <br />Rights Commission. <br /> <br />The evaluation approach provides some administrative <br /> <br />protection for areas of origin. <br /> <br />The extent of that protection <br /> <br />depends on the evaluation factors to be considered in permitting <br /> <br />transbasin diversions and in the weight to be accorded these <br /> <br />factors. <br /> <br />The Nebraska approach requires consideration of the <br /> <br />adverse impacts on the area of origin but evaluates these impacts <br /> <br />40Texas Water Code Ann. 811.085 (Vernon Supp. 1985). <br /> <br />41City of San Antonio v. Water Comm'n, 407 S.W.2d 752, 759 <br />(Tex. 1966). See also, City of Trisco v. Texas Water Rights <br />Comm'n, 579 S.W.2d 66, 69 (Tex. Civ. App. 1979). <br /> <br />4 2Id. <br /> <br />17 <br />